PETITIONS have been brought before the Supreme Court challenging the Senate impeachment court’s decision to revise the voting threshold required to convict Vice President Sara Duterte.
Led by former Executive Secretary Vic Rodriguez, the legal challenges ask the High Tribunal to issue a temporary restraining order (TRO) or status quo ante order against the Senate’s recent ruling.
The controversy stems from a 13-1 Senate vote—with six Duterte allies abstaining—that abandoned the original 16-vote requirement based on the full 24-member Senate.
Instead, the impeachment court ruled that the constitutionally mandated two-thirds vote of “all the Members of the Senate” applies only to senator-judges who are legally and factually “capable of participating” in the trial.
In his 24-page petition, Rodriguez argued that the Senate committed grave abuse of discretion by altering an express constitutional provision without going through the proper amendment process.
He noted that the Constitution contains no qualification permitting the reduction of the denominator by excluding absent or non-participating senators.
Rodriguez urged the Supreme Court to intervene and reinstate the July 6 ruling of Senate President and presiding officer Francis “Chiz” Escudero, which had set the conviction threshold at 16 votes.
A similar petition was also set for filing by Atty. Ernesto B. Francisco Jr., seeking to nullify the Senate order and restore the status quo prior to the vote.
The petitions reflect growing concerns over the Senate’s authority to alter constitutional interpretations.
Davao City 1st District Rep. Paolo “Pulong” Duterte supported bringing the matter to the High Court, asserting that constitutional questions must be settled by the Judiciary rather than parliamentary majorities.
Rep. Duterte emphasized that changing how “all the members” is calculated is fundamentally a constitutional issue rather than a mere matter of internal procedure, making Supreme Court review essential.
